evening news". >> pelley: tonight, another city, another grand jury, another controversy. for the second time in just over a week, a white police officer is cleared in a fatal confrontation with an unarmed black man. >> i can't breathe! i can't breathe! >> pelley: jim axelrod is in new york. this is what can happen when a shipment of cell phone batteries gets too close to heat. so why are they being carried on passenger planes? bob orr has that. and holly williams in saudi arabia, where brave women are refusing to take a backseat to men. >> the car for the saudi women has become the symbol of wanting our voices to be heard. captioning sponsored by cbs this is the "cbs evening news" with scott pelley.

>> pelley: good evening. today, a grand jury in new york city declined to bring charges against a white police officer in the death of an unarmed black man, this as the nation is still debating a similar decision nine days ago by a grand jury in the ferguson, missouri case. late today, the justice department said it will launch a civil rights investigation in new york just as it's doing in ferguson. the president felt compelled to make these unplanned remarks a short time ago. >> we recognize this is an american problem and not just a black problem or a brown problem or a native american problem. this is an american problem. when anybody in this country is not being treated equally under the law, that's a problem. and it's my job as president to help solve it. ( applause ). >> pelley: protesters in new york staged what they call a die-in, lying on the floor of grand central terminal. we have more now on the case from jim axelrod. >> i continue to pray that

justice will be peace. it has to be justice. somewhere or another, it has to be justice. >> reporter: shock the the first reaction for many to the news the grand jury would not indict officer daniel pantaleo for the death of eric garner, but outrage wasn't far behind. >> every black man is a target. guess what? this don't end here. >> reporter: the deadly confrontation on july ?aen was caught on a passerred by's cell phone. police were trying to arrest a 43-year-old garner for allegedly selling illegal cigarettes. garner appeared to resist. >> i told you the last time, please leave me alone. >> reporter: officer pantaleo seen in the green smirt quickly entered the scene and took him down with a chokehold. >> i can't breathe! >> reporter: the nypd banned the use of chokeholds until 1993. the medical examiner says garner's death was caused by

compressions too his neck and chest during physical restraint by police. >> that was cold-blooded murder. the whole world knows it! >> reporter: 23 grand jurors had been hearing evidence and witnesses since september. officer pantaleo appeared two weeks ago. in a statement this afternoon, pantaleo said: tonight, a small and peaceful crowd gathered in front of the beauty supply store where garner died. new york city's mayor bill de blasio. >> you will work relentlessly for change. you will not sully his name with violence. >> reporter: the grand jury decision does not clear pantaleo with the nypd. that's up to the commissioner, billion bratton. pantaleo is on modified duty stripped of his gun and badge. the district attorney here in stieltd wants to make relevant

portions of the frj proceedings public. that requires the approval of a judge, and until then, scott, the proceedings stay sealed. >> pelley: jim axelrod, thanks. in cleveland today, a black child shot by a white police officer was laid to rest. dean reynolds now on the officer's questionable background. >> reporter: mourners at the funeral of 12-year-old tamir rice questioned the training of the officer who shot and killed him last month. michael peddy is tamir's uncle. >> this is not an issue of black or white but an issue of right and wrong. ( applause ) >> reporter: park surveillance video from november 22 showed the youngster holding what appeared to be a gun and pointing it at passers by. a 911 call alerted police but cautionedlet weapon might be a fake. >> reporter: that uncertainty was never passed along to the officers responding to what they were told told was a man with a.

less than two seconds after pulling up, 26-year-old officer timothy loehmann shot the boy dead. the weapon turned out to be a toy pellet gun. now a two-year-old personnel report on officer loehmann raises serious questions about his fitness, including hands gun performance described as dismal. written by the police in independence, ohio, where loehmann worked before joining the cleveland force, it says he was disturbingly immature, that he would not be able to substantially cope or make good decisions, during or resulting from any other stressful situation. deputy chief jim pollock wrote, "i do not believe time nor training wil will be able to che or correct these efficiencies." loehmann quit the independence police soon thereafter but joined the cleveland force in march. now, the cleveland police say they did not review is that controversial personnel file before hiring officer loehmann. but they weren't made aware of any problems, either, by his

previous department. in any case, scott, loehmann's father told an interviewer that his son believes he acted properly and that he had no choice. >> pelley: dean reynolds, thanks. for some insight into all of this, we're joined tonight by marc morial, a former mayor of new orleans, now president and c.e.o. of the national urban league. mr. morial, what do you see in the eric garner case in new york? >> you know, the decision of the grand jury, scott, seemed to defy common sense. this case was a case where there's a video which allows us to for the most part see a man being surrounded by five police officers and then a chokehold, and then he's dead. so it's a travesty of justice the decision of the grand jury. but it also just deifies, i think, a lot of people's common sense in that they saw what happened and the sense is that there should be a charge coming

out of this incident. >> pelley: now, some reasonable people say that michael brown in ferguson had just robbed a convenience store. that eric garner in new york was resisting arrest, that these were men who were asking for trouble. to that, you say what? >> they shouldn't be dead. one should not be met with death. one by chokehold, one by a gunshot, because michael brown shops lifted some sig reloze. eric garner was standing on the street. now the video i saw, he did not appear to be resisting arrest. we want a nation where police officers respect the rights of citizens, no matter what their station in life. we have work to do as a nation. this is a time when there's got to be change coming out of this. the status quo is not working, and, certainly, the trust we need isn't there today. >> pelley: marc morial, former mayor of new orleans, and president of the national urban

league, thank you very much. >> thank you, scott. >> pelley: in another important story tonight, our pentagon correspondent david martin has an early look at a story that will be making headlines tomorrow. david tells us a new report from the pentagon says nearly 6,000 cases of sexual assault in the military had been reported this year. that is up 8% from last year. but the pentagon says it may indicate that more service members are reporting assaults notice because they trust the military justice system more than they did in the past. the rights of pregnant workers were debated in the u.s. supreme court today and jan crawford was in the court. >> reporter: peggy young of a driver for ups, but in 2006, when she got pregnant, her doctor told her not to lift more than 20 pound. >> once i got the note, i took it into the health nurse, and she basically said we don't provide light duty. basically i can't work when you're pregnant. >> reporter: when ups put her

on unpaid leave, she sued, arguing the federal pregnancy discrimination act requires companies to do more to accompregnant workers. young lost in the lower courts, which said ups does dnot discriminate when it equated pregnancy to an off-work injury. ups recently voluntarily changed its policy, noting it now is "actually ahead of many companies and government agencies, including the u.s. postal service," in accommodating pregnant workers with special work assignments. but young continued with her appeal, and today the justices struggled over how far employers must go. justices ruth bader ginsburg and elena kagan were sympathetic to young, arguing the intent of the pregnancy discrimination act was obvious. justice kagan, "it was supposed to be about removing stereotypes of pregnant women as marginal workers." but the other justices saw ambiguity in how the law requires employers to treat

pregnant women. justice stephen breyer, "which distinctions are reasonable and which ones are not and how to we tell?" now, based on these arguments, it is impossible to predict how the justices will decide this case. if they rule against young, though, scott, women's rights groups say they will immediately look to congress urge it to change this law, and make clear pregnant women are covered. >> pelley: a decision in the spring or summer. jan, thanks ver very much. a struggle over women's rights is playing out in saudi arabia, where two women were arrested. their crime? driving. only men are allowed to get behind the wheel in the kingdom. holly williams met some brave women who are trying to change that. >> reporter: in saudi arabia, this can get you arrested. the women behind the driving protests post the evidence of their illegal road trips in scores of internet videos. during nearly two weeks in the closed off kingdom, were

accompanied by government officials. to interview the women drivers, we left our hotel at night, and met with them in private. madeha al ajroush helped lead the first driving protest 24 years ago. >> the car for the saudi women have become the symbol of wanting our voices to be heard, and our needs to be heard. >> reporter: minura told us the driefs ban is part of a bigger problem. saudi arabia's male guardianship system, which means all women need a male relative's permission to work, go to university, and travel overseas. >> reporter: in saudi arabia, mingling between the sexes is considered sinful, and so there's segregation in schools, restaurants, and even some

banks. dr. ahmad ibn saifuddin is an islamic scholar. >> there are many issues with when a woman sits behind the wheel, and tries to do this on her own. there would be so much effect on the family. >> reporter: what effect, what effect would there be? >> well, it's going to affect the harm fee, tranquility, of the saudi nation. >> reporter: many saudis would agree with him, but others find the ban on women driving laughable. ♪ no woman, no drive >> reporter: this viral internet video pokes fun at muslim clerics who claim driving could harm a woman's ovaries. its creator is a saudi comedian hisham fageeh. what was the reaction to the video here in saudi? >> people were just like, ha, ha. it's nothing, nothing crazy.

it was all positive feedback. >> reporter: that's given some saudis hope that change is inevitable and that women will eventually win the right to drive. >> because it's been 24 years, so it's the when. it's not that they will. they will, but when is the question. >> reporter: reformers within the saudi arabian government told us they would like to lift the ban on women driving, but, scott, they are fearful that if they move too quickly, there could be a backlash from the country's islamic conservatives. >> pelley: holly williams back in our london bureau tonight. holly, thanks very much. holly is going to host a facebook chat on saudi arabia tomorrow at noon eastern time. if you'd like to take part go to facebook.com/cbs evening news. coming up next, this test is raising fears that batteries can bring down a jetliner. and later, after three years of

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rechargeable lithium batteries may trigger catastrophic fires in the cargo holds of passenger jets. lithium ion batteries were packs inside this cargo container. they add aid small heater to simulate one defective over-eating battery. this is what happened. the batteries began to smolder and leaked from the container. temperatures inside reached 1100 degrees, and flammable gases ignighted this violent explosion. while passenger jets are equipped with fire-suppression systems in cargo holds, safety analysts warn this kind of fire could take down a plain. licateium ion batteries have already been linked to numerous cargo crashes over the past eight years. in 2006, a ups cargo plane carrying a shipment of batteries landed in philadelphia with a fire in the cargo hold. the three crews members escaped. in 2010, pilots on a ups 747

died when their plane carrying 80,000 batteries caught fire and crashed near dubai. and in 2011, another crew was killed when a 747 cargo jet went down hauling batteries over the strait of korea. the f.a.a. has long warned the dangers of lithium batteries and in a statement said, "we continue to identify mitigation strategies for the safe carriage of batteries on transport aircraft." now pilot explz safety advocates are pushing for tighter controls that might include limits on the number of batteries that can be shipped on a passenger jet. still, scott, changes are not imminent. >> pelley: bob orr in washington, bob, thanks. it's news these days when california gets rain, and for a second day, it got plenty, northern california, enough to flood highways. in san francisco, the water came up to one car's windows. the threat of mudslides outside los angeles led to evacuations as hills left barren by wildfires became saturated.

congress demands answers from the japanese company that made defective air bags. we'll have that story next.

>> >> pelley: at least five people have been killed by exploding automobile air bags built by takata, but today, the japanese company refused a u.s. government demand for a nationwide recall. company executives were questioned in congress today, and here'sjeff glor. >> i'm sorry to say that it has been a bad year for auto safety. >> reporter: congressman fred upton of michigan was among the skeptical, frustrated lawmakers who questioned takata executive hiroshi shimizu for two hours about defective air bags. >> it's confusing to drivers. they don't know whether their croors safe. >> california congressman henry waxman called the company's response to regulators who

demanded a national recall to air bags, confusing and nonsenseical. shimizu couldn't explain why air bags malfunctioned. >> do you know the root cause of this problem? >> at this moment, we don't have the root cause. >> reporter: behind the takata air bag is a metal inflairt containing the chemical propellant ammonium nitrate. in an descent, the chemical can explode with such excessive force it ruptures the metal casing, sending shrapnel flying out. takata is the only maker using ammonium nitrate but it doesn't believe the propellant is the problem. it thinks right now it's a factory issue. >> in my knowledge it is current issues is most likely manufacturing related, not design related. >> reporter: takata says there's only evidence to recall air bags in high-humidity states. it first learned of the problem at least a decade ago. recalls started in 2008. >> mr. shimizu-- >> florida congressman, gus billirakis. >> i mean, it's been a full decade, 10 years. >> yeah, it's a series of--

>> i don't think there's any excuse for not solving the problem. >> it's every time we find problems, we immediately take actions. it's not same problems all the times. >> reporter: honda did say today it would expand its recall nationwide if federal regulators want to force takata into the same move. at this point, it would likely mean going to court, and scott, that could take months. >> pelley: millions of cars affected. jeff, thank you very much. in a moment, an update on our top story, the grand jury decision not to indict a new york city police officer in the death of an unarmed black man.

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symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. grandfather: symbicort could mean a day with better breathing. watch out, piggies! child giggles doctor: symbicort. breathe better starting within 5 minutes. call or go online to learn more about a free prescription offer. if you can't afford your medication, astrazeneca may be able to help. >> pelley: updating our top story, the justice department

announced late today it will open a federal civil right investigation in the case of eric garner, an unarmed plaque man who died after he was put into a chokehold by a white new york city police officer who was trying to arrest him on staten island. the death was ruled a homicide, but a new york grand jury today declined to bring criminal charges against officer daniel pantaleo. protesters marched peacefully through union square in lower manhattan, and staged what they call a die-in, in grand central terminal. and that is the cbs evening news for tonight. for all of us at cbs news all around the world, good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org

gloria allred takes on bill cosby today and now he may have to face a judge. >> a new accuser just filed a lawsuit claiming she was only 15 when cosby assaulted her, as even more women come forward. >> drugged me like a predator. i was 17 years old. >> we will tell you what action these women are now making. >> and what this new accuser says cosby did to her inside the playboy mansion. plus -- >> we see the breaking news about bill cosby. >> i go inside one of the most powerful news websites. >> i am obsessed with "daily mail." >> the biggest english-speaking website in the world. then did taylor swift get a model kicked off the victoria secret's runway? what she said backstage about